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<br />(d) Disclosure: No representation of warranty of Borrower in this Deed of Trust
<br />or any statement or certificate famished or to be I'unrished by Borrower pursuant to this
<br />Decd of Trust or in connection with the transactions contemplated herein contains or shall
<br />contain any, untrue, inaccurate, or misleading statement of material fact or omits to state a
<br />material fact necessary in order to make a statement contained therein not misleading_
<br />(e) Financial Information_ The most recent mutual financial statements of
<br />Borower and the Guarantors, Robert L. Epstein and Jeffrey H_ Epstein, delivered to
<br />Lender during fhc loan application process at Lender's request (the "Annual Financial
<br />Statements and Fcdcral Income Tax Retums ") accuratch present the financial condition of
<br />the Borrower and Guarantors referred to therein, as of the dates therein indicated_
<br />(f) Litigation: No suits, actions, qu%emmental investigations or inquiries,
<br />procwding (including without limitation. condemnation or eminent domain proceedings),
<br />or other litigation is pending or, to the best of Borrower's knowledge, proposed or
<br />threatened, against or allecting Borrower, the Property, or the Collateral which, singularly
<br />or in the aggregate, if adversely determined, would materially inhibit or impair Borrowers
<br />ability to perform hereunder or reduce or restrict Borrower's interest in the Property or the
<br />Collateral, and Borrower knows of no basis for any such litigation_
<br />(g) Loan Documents_ All representations and warranties of Borrower contained
<br />in the Note, Assignment of Leases and Rents and the Hazardous Substances Certificate
<br />and Indemnity Agreement entered into by Borrower are true and accurate in all material
<br />respects to the extent not inconsistent with the representations and warranties of Borrower
<br />contained herein.
<br />(h) Property Neither the whole nor any portion of the Property is subject to any
<br />pending condemnation, taking, or other similar proceeding by any public or private
<br />authority, and, to the best of Borrower's knowledge, no such eondenmation or taking is
<br />threatened or contemplated with respect to the Property- Borrower is unaware of and has
<br />not been notified of any plan, study, or effort by any, govcrnrnental authority or agents
<br />which in any way affects or would affect the present use or zoning of the Property not ally
<br />existing, proposal, or contemplated plan to widen, modify, or realign any street or
<br />highway adjoining the Property. The Property and the occupancy by or operation of the
<br />Borrower's business at the Property is riot in violation of any law or any building zoning,
<br />lire, health, or other ordinance, code, or regulation, and neither Borrower nor any tenant
<br />has received any notice or request from any governmental authority, insurance company or
<br />board of fire underwrltcts alleging airy such violation or requiring or calling attention to
<br />the need for any work, reports, construction, alterations or installation on or in connection
<br />with the Property which has not bate heretofore complied with. There exist adequate
<br />rights of egress from and ingress to the P report y, and there is currently adequate access to
<br />all water, sewer, gas, electric, telephone, drainage, and olhor utility equipment and services
<br />required by law or necessary for the operation of the business curcnlly operated on the
<br />Property, and, to the best of Borrowers knowledge, no fact, condition, or threatened or
<br />proposed action exists which would or could have the effect of diminishing such rights.
<br />(i) Env_irommental Matters. For purposes of this Deed of Trust, "Hazardous
<br />Substancos" shall mean asbestos in a friable state or condition, non - contained
<br />polvchlorinatcd biphcnyls ( "PCBS" ), pemuleunt or petroleum products, and any hazardous
<br />or toxic waste or substance or relatod material defined or treated as a "hazardous
<br />substance" or "toxic substance" or "hazardous waste" or "toxic waste" (or comparable
<br />term) in the Comprehensive Environmental Response, Compensation and Liability Act (42
<br />U S C_ 9601, et seq.) ( "CERCLA "), the Hazardous Materials Transportation Act (49
<br />U SC_ 1801, of seq_), tire Resource Consenation and Recovery Act (42 U.S.C_ 6901, et.
<br />seq.) ( "RCRA "), or any other applicable federal, state or local statute, law or ordinance,
<br />and any odes and regulations promulgated thereunder (jointly, the "Applicable
<br />Environmental Law "). No Hazardous Substances have been generated, used, discharged,
<br />dispersed. released, disposed of, or allowed to escape on or under the Property in violation
<br />of Applicable Environment Law. No asbestos or asbestos - containing substance presently
<br />in a condition or in a sufficient quantity as to violate Applicable Environmental Law has
<br />been installed, used, incorpoiated into or disposed of on the Property- No underground
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